ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of September 17, 2014 No. 760

About approval of the Framework regulations on the organization and functioning of Service of foster education and the minimum quality standards

For the purpose of implementation of the Law on the public assistance No. 547-XV of December 25, 2003. (The official monitor of the Republic of Moldova, 2004, Art. No. 42-44, 249), with subsequent changes and amendments, DECIDES: the Government

1. Approve:

The framework regulations on the organization and functioning of Service of foster education according to appendix No. 1;

The minimum quality standards of Service of foster education according to appendix No. 2.

2. To cover the expenses connected with the organization and functioning of Service of foster education for supplier account of service and to perform within the assignments which are annually provided in the government budget / the local authority budget Chisinau / the central budget of autonomous territorial education Gagauzia and also from means of donations, grants and other sources according to the legislation.

3. To perform provision of daily benefit for children since 2015.

4. Recognize invalid some orders of the Government according to appendix No. 3.

5. To impose control of execution of this resolution on the Ministry of Labour and Social Protection.

Appendix №1

to the Order of the Government of the Republic of Moldova of September 17, 2014 No. 760

The framework regulations on the organization and functioning of Service of foster education

Chapter I. General provisions

1. The framework regulations on the organization and functioning of Service of foster education (further – the Provision) establish procedure for the organization and functioning of Service of foster education (further – Service).

2. Foster education is social service by means of which the child is given the care in family of the foster tutor replacing family leaving.

3. Supplier of service of foster education is the territorial agency of the social help / responsible structures of social security and protection of the rights of the child of municipium of Chisinau / autonomous territorial education Gagauzia or the private supplier, accredited to provide this service according to the legislation.

4. Provision of service is performed based on Regulations on the organization and functioning of Service of foster education, the minimum quality standards and methodology of provision of service which affirms the Ministry of Labour and Social Protection.

5. For the purpose of this provision the following basic concepts are used:

1) the foster tutor – the employee of Service providing leaving and education of the child in the house for certain term;

2) family of the foster tutor – persons living in economy of the foster tutor, except for child(children), placed in Service;

3) the Commission on protection of the child who is in difficult situation (further - the Commission), – independent body, authorized to issue the conclusion about approval of measures for protection of the child separated from parents. Within the Service Commission bears responsibility for statement of candidates for position of the foster tutor, approval of the planned accommodation of the child in Service, and also approval of annual review of professional competences of foster tutors;

4) urgent placement – placement in family of the foster tutor of the child, life or health of which are subjected to direct threat, irrespective of environment in which he is, for a period of up to 72 hours. Term can be prolonged at 72 o'clock, but shall not exceed 45 days;

5) short-term placement – the planned accommodation of the child in family of the foster tutor for a certain period of time, but not longer, than for 12 months, with perspective (ре) integration of the child in biological, expanded or in the long term foster home;

6) long-term placement - the planned accommodation of the child in family of the foster tutor for one year before achievement of 18-year age by the child. In case of continuation of training in educational institutions (lyceums, organizations of professional or higher education) the child keeps the status of the member of Service before the end of training (but only before achievement of 23-year age by the child);

7) temporary placement – accommodation of the child in family of the foster tutor for the period which is not exceeding generally 45 calendar days a year for provision to the parents or persons who are looking after the child, opportunity to recover forces;

8) establishment of compliance of the foster tutor to the needs for development of the child – process of determination of compliance of the foster tutor to the child offered to placement in Service;

9) daily benefit for children - the fixed amount of money which is daily allocated to the child in the personal order;

10) local body of guardianship – primara of villages (communes) and cities;

11) territorial authority of guardianship – territorial agency of the public assistance (in case of means of territorial structures of the public assistance) / Head department on protection of the rights of the child of municipium of Chisinau / Head department of health care and social protection of autonomous territorial education Gagauzia. In municipiums of Belts and Chisinau territorial authorities of guardianship perform also powers of local body of guardianship, except for the autonomous administrative and territorial units which are part of these municipiums in which duties of local body of guardianship are fulfilled by primara of the corresponding administrative and territorial units;

12) the individualized plan of services - the plan constituted in writing on the basis of the model approved by the order of the Minister of Labour and Social Protection which includes set of special interventions concerning the child on the basis of assessment of his requirements in connection with his health, the needs for leaving, physical, emotional, educational requirements, carrying out free time, socialization etc., developed and implemented during accommodation of the child in Service.

6. Users of services of Service are:

1) the children who are in risk situation, and the children separated from parents, according to provisions of article 8 of the Law No. 140/2013 on special protection of children, being in risk situations, and the children separated from parents;

2) children with limited opportunities, parents or persons on whose care there are children needing time for recovery;

3) the minor parent with the child in situation of risk of separation (further - the minor parent);

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